Date: 20000613
Docket: A-642-98
QUÉBEC, QUEBEC, THE 13th DAY OF JUNE, 2000
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
ANDRÉ GINGRAS, domiciled and residing at 36 rue Flaubert,
Lévis, district of Québec, province of Quebec, G6V 8C5
Applicant
- AND -
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
incorporated under the laws of Canada,
having an office at 940 chemin du Sault, Saint-Romuald,
district of Québec, province of Quebec
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
Alice Desjardins
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20000613
Docket: A-642-98
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
ANDRÉ GINGRAS, domiciled and residing at 36 rue Flaubert,
Lévis, district of Québec, province of Quebec, G6V 8C5
Applicant
- AND -
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
incorporated under the laws of Canada,
having an office at 940 chemin du Sault, Saint-Romuald,
district of Québec, province of Quebec
Respondent
Hearing held in Québec, Quebec, Tuesday, June 13, 2000
Judgment rendered in Québec, Quebec, Tuesday, June 13, 2000
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 20000613
Docket: A-642-98
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
ANDRÉ GINGRAS, domiciled and residing at 36 rue Flaubert,
Lévis, district of Québec, province of Quebec, G6V 8C5
Applicant
- AND -
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
incorporated under the laws of Canada,
having an office at 940 chemin du Sault, Saint-Romuald,
district of Québec, province of Quebec
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Québec, Quebec,
Tuesday, June 13, 2000)
NOËL J.A.
[1] It seems clear to use that the Board of Referees, in rendering its decision, failed to take into consideration exhibit 5-4, which unequivocally indicates that the appellant and his brother had been hired under a plan that was designed to exploit the unemployment insurance system under the aegis of periods of volunteer work.
[2] Furthermore, the evidence before the Board did not allow it to find that the appellant was devoid of ulterior motives in the sense that the cases have understood that concept. On the one hand, the appellant stated that he was working without compensation "[translation] to create a job for himself" and, on the other hand, the record discloses that he was the holder of 6.5% of the capital stock in the firm in question. In light of these facts, we do not think the Board of Referees could find that the appellant was a person devoid of ulterior motives in regard to the firm in question.
[3] We conclude, therefore, that the employment relationship was not interrupted during the supposed volunteer period.
[4] For these reasons, the umpire was justified in intervening. The application for judicial review will be dismissed with costs.
Marc Noël
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF APPEAL
Date: 20000613
Docket: A-642-98
BETWEEN:
ANDRÉ GINGRAS, domiciled and residing at 36 rue Flaubert, Lévis, district of Québec, province of Quebec, G6V 8C5
Applicant
- AND -
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
incorporated under the laws of Canada,
having an office at 940 chemin du Sault, Saint-Romuald, district of Québec, province of Quebec
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-642-98
STYLE: André Gingras v. Employment Commission
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: June 13, 2000
REASONS FOR JUDGMENT OF THE COURT: Noël J.A.
DATED: June 13, 2000
APPEARANCES:
Jean M. Crête for the applicant
Suzon Létourneau for the respondent
SOLICITORS OF RECORD:
Jean M. Crête, advocate for the applicant
1175 boul. Charest ouest
Québec, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada
See, for example, Attorney General of Canada and Cora Savarie, A-679-95, June 17, 1996 (F.C.A.) and Manon Gauthier v. Employment Insurance Commission, A-105-98, September 16, 1998 (F.C.A.).
Appeal Book, p. 23, exhibit 6.2.
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